Hesperia, CA asked in Estate Planning and Probate for California

Q: Hello my brother just past away. It was just me and him as children of our parents

Hello my brother just passed away we were the only 2 children. My parents passed away with no will before my brother passed away we had an attorney start a probate to divide my parents been property between us 2 but my brother passed before it was completed still in process. Now do I divide it with his son or does my brothers son gets it when I pass

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3 Lawyer Answers
John B. Palley
John B. Palley
Answered
  • Estate Planning Lawyer
  • Roseville, CA
  • Licensed in California

A: Brother's son gets brother's share. I am sorry for all your loss.

Nina Whitehurst and David Ostrove agree with this answer

1 user found this answer helpful

James Edward Berge
James Edward Berge
Answered
  • Estate Planning Lawyer
  • San Jose, CA
  • Licensed in California

A: I agree with John, but now a probate is required for brother’s estate too and until you have letters issued to a personal representative in that estate you won’t be able to petition for final distribution in your parent’s estate. More fees and more delay. I’m sorry for your loss.

David Ostrove and Nina Whitehurst agree with this answer

Genene N. Dunn
PREMIUM
Genene N. Dunn
Answered
  • Estate Planning Lawyer
  • Tustin, CA
  • Licensed in California

A: You will have to petition to take over your parents' estate. Then their estate will distribute your brother's share to his estate since he survived his parents. The there would have to be a probate for your brother's estate that would go to his children assuming he was not married.

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